OTA cleaning up their location authorization statutes?

Title 69, Section 1705e contains 35 locations where the OTA is allowed to build if you believe we still have a representative democracy and a judicial system willing to uphold legislative intent

Did you listen to the OTA’s September 2024 “Special Meeting” this morning? If not, I’ve got you covered on at least one 5-minute segment.

According to Jimmy Sparks, OTA’s compromised Consulting Engineer, a few months ago, Joe Echelle, Executive Director and TJ Dill, Deputy Director, asked him to take a cursory look through the statutes to see what legislatively authorized locations could be removed because they had either already been completed by ODOT, or are currently part of ODOT’s 8-year construction improvements or were found to be infeasible. His marching orders were to make suggestions so that the OTA could approach the legislators and clean up the statutes.

He talks about it here if you’d like to listen at minute mark 40:45 - 45:40. https://video.ibm.com/recorded/133994802

If you prefer to read his ORIGINAL report, we garnered a copy for you!

If you’d like to read Jimmy’s REVISED report, updated hastily by the OTA mere hours after the meeting, check out this version and note the differences. The original “forgot” to make sure everyone knew that location authorization #28 was not only the H.E. Bailey, but the southern extension. More on that detail below.

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This is an interesting development because for more than two years, PIKE OFF OTA has been attempting to “sunset” the location authorizations in statute. Our policy statement specifically notes that:

1. Each individual route in 69 O.S. § 1705(e)(1)-(35) must be retired and expressly reauthorized individually by the legislature (i.e., the sunset provision) and must be built by the Turnpike Authority (“OTA”) within 5 years of authorization.

Unfortunately, even though it is painfully obvious that the Turnpike Enabling Act is woefully out-of-date, with decades-old location authorizations, the Transportation Committee Chairs in both the House and the Senate, refused to hear our bills in both the 2023 and 2024 sessions.

Will they agree to clean-up the turnpike enabling act when the OTA asks?

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So where are these location authorizations anyway? PIKE OFF OTA has mapped them for you to make it easy! The Green are existing turnpikes, the Blue have not been built and/or are not feasible, the red are interchanges not built and the yellow have partial builds. We created this map from the July 27, 2022 email from Jessica Brown to the Governor explaining all 35 existing location authorizations. If you remember, we waited on this open record request for nearly 14 months.

Jimmy Sparks unfortunately doesn’t cover every single location authorization in his 5 minute speech, and what he does say is missing a lot of detail. In some cases, it goes directly against what the OTA told the governor back in July of 2022.

The detail can be found in his written report. And different details can be found in “his” revised report.

I have tried to compare what Jimmy Sparks said to what OTA claimed back in July 2022 so you can see the difference. Jimmy Sparks’ remarks are shown in BOLD in the first parentheses. The OTA’s July 2022 responses are shown in BOLD ITALICS in the second set of parentheses. There are some cases where Jimmy Sparks makes no comments.

(1) The Turner Turnpike between Oklahoma City and Tulsa. (Complete) (Turner Turnpike/I44)

(2) The Southwestern (H.E. Bailey) Turnpike between Oklahoma City and Wichita Falls, Texas. (Complete) (H.E. Bailey Turnpike/I-44)

(3) The Northeastern (Will Rogers) Turnpike between Tulsa and Joplin, Missouri.(Complete) (Will Rogers Turnpike/I-44)

(4) The Eastern (Indian Nation) Turnpike between Tulsa and Paris, Texas, including all or any part thereof between McAlester and the Red River south of Hugo.(Complete) (Indian Nation Turnpike/SH-375)

(5) The Cimarron Turnpike between Tulsa and Interstate Highway 35 north of Perry, including a connection to Stillwater.(Complete) (Cimarron Turnpike/US412, including Stillwater Spur/SH312)

(6) The Muskogee Turnpike between Broken Arrow and Interstate Highway 40 west of Webbers Falls.(Complete) (Muskogee Turnpike/SH351)

(7) All or any part of an extension of the Muskogee Turnpike, beginning at a point on Interstate Highway 40 near the present south terminus of the Muskogee Turnpike, and extending in a southeasterly direction on an alignment near Stigler, Poteau and Heavener to the vicinity of the Arkansas State Line to furnish access to Hot Springs, Texarkana, Shreveport and New Orleans. (Studied but nothing done) (Unbuilt - US59 parallels most of the corridor (section is not feasible))

(8) A tollgate on the Turner Turnpike in the vicinity of Luther, Oklahoma, and in the vicinity of the intersection of State Highway 33 and Turner Turnpike in Creek County, Oklahoma, or in the vicinity of the intersection of State Highway 33 and Turner Turnpike or U.S. Highway 66 in Creek County, Oklahoma, from any monies available to the Authority. (Interchange - not necessary to include interchange locations in Statute according to OTA)

(9) Add on the Will Rogers Turnpike a northbound automatic tollgate onto State Highway 28 and a southbound on-ramp from State Highway 28.(Interchange - not necessary to include interchange locations in Statute according to OTA)

(10) A turnpike or any part or parts thereof beginning in the vicinity of Duncan extending east to the vicinity of the City of Davis, and extending in a northeasterly direction, by way of the vicinity of the City of Ada (Chickasaw Turnpike), to a connection in the vicinity of Henryetta or in the vicinity of the intersection of State Highway 48 and Interstate 40; and a turnpike or any part or parts thereof from the vicinity of Snyder extending north to the vicinity of Woodward (SH7/US377;US183). (ODOT has already built or is planning on building with 1100 miles of 2-lanes with shoulders in its 8-year plan, so this location authorization is unnecessary)

(11) A turnpike or any part or parts thereof beginning at a point in the vicinity of Ponca City, or at a point on the Kansas-Oklahoma state boundary line east of the Arkansas River and west of the point where Oklahoma State Highway No. 18 intersects said state boundary line, and extending in a southeasterly direction to a connection with the Tulsa Urban Expressway System in the general area of the Port of Catoosa.(ODOT has already built or is planning on building with 1100 miles of 2-lanes with shoulders in its 8-year plan, so this location authorization is unnecessary) (Unbuilt ODOT already has a low volume highway in this area. Not a feasible turnpike.)

(12) All or any part of an Oklahoma City toll expressway system connecting the residential, industrial and State Capitol Complex in the north part of Oklahoma City with the residential, industrial and Will Rogers World Airport Complex in the south and southwest parts of Oklahoma City. (I235/I40/I44 Not a feasible turnpike)

(13) A turnpike (The Industrial Parkway) or any part or parts thereof beginning at a point on the Oklahoma-Kansas state boundary line between the point where U.S. Highway 66 intersects the boundary line and the northeast corner of Oklahoma and ending by means of a connection or connections with Shreveport, Louisiana, and Houston, Texas, in southeastern Oklahoma and at no point to exceed thirty (30) miles west of the Missouri or Arkansas border.(ODOT has already built or is planning on building with 1100 miles of 2-lanes with shoulders in its 8-year plan, so this location authorization is unnecessary) (US59/US259 Not a feasible Turnpike)

(14) A turnpike or any part or parts thereof beginning in the vicinity of Velma or County Line to a point intersecting with Interstate 35 in the area south of Davis.(ODOT has already built or is planning on building with 1100 miles of 2-lanes with shoulders in its 8-year plan, so this location authorization is unnecessary) (SH7 Not a feasible Turnpike)

(15) A turnpike or any part or parts thereof beginning in the vicinity of Watonga and extending south and/or east to the vicinity of north and/or west Oklahoma City.(ODOT has already built or is planning on building with 1100 miles of 2-lanes with shoulders in its 8-year plan, so this location authorization is unnecessary) (SH3/US81 OR US270/I40 Not a feasible turnpike)

(16) A tollgate on the Will Rogers Turnpike near the intersection of State Highway 137 and the Will Rogers Turnpike, located south of Quapaw.(Interchange - not necessary to include interchange locations in Statute according to OTA)

(17) A tollgate on the Muskogee Turnpike in the vicinity of Porter, Oklahoma, a tollgate on the Will Rogers Turnpike in the vicinity of Adair, Oklahoma, a tollgate on the Turner Turnpike in the vicinity of Luther, Oklahoma, and a tollgate on the H.E. Bailey Turnpike at Elgin, Oklahoma, from any monies available to the Authority.(Interchange - not necessary to include interchange locations in Statute according to OTA)

(18) A tollgate on the Turner Turnpike in the vicinity of Wellston, Oklahoma, from any monies available to the Authority.(Interchange - not necessary to include interchange locations in Statute according to OTA)

(19) A tollgate on the Muskogee Turnpike in the vicinity of Brushy Mountain, Oklahoma, and in the vicinity of Elm Grove, Oklahoma, from any monies available to the Authority. (Interchange - not necessary to include interchange locations in Statute according to OTA)

(20) All or any part of an Oklahoma City Outer Loop expressway system beginning in the vicinity of I-35 and the Turner Turnpike and extending west into Canadian County and then south to I-40; (John Kilpatrick Turnpike, built in 1992 and 2001); and then south and east to I-35 in the vicinity of Moore and Norman (John Kilpatrick Turnpike, extended to SH152/Airport Road); and then extending east and north to I-40 east of Tinker Field; and then extending north to the Turner Turnpike (Kickapoo Turnpike) to complete the Outer Loop. (Parts built in 1998, 2001, 2016) (southeastern section of loop unbuilt)

(21) All or any part of the Tulsa south bypass expressway system beginning in the vicinity of the Turner Turnpike near Sapulpa and extending south and east to U.S. 75 in the vicinity of 96th Street to 121st Street; and then east across the Arkansas River to a connection with the Mingo Valley Expressway; and then south and/or east to a point on the Tulsa-Wagoner County Line near 131st street south in the city of Broken Arrow.(Parts built in 1998) (Creek Turnpike)

(22) A new turnpike or any part thereof from near the west gate of the Will Rogers Turnpike south to the west end of south Tulsa Turnpike at the Tulsa-Wagoner County Line.(Parts built in 1998) (Creek Turnpike)

(23) A new turnpike or any parts thereof from the vicinity of the connection between State Highway 33 and U.S. 69 easterly to the Arkansas State Line.(ODOT has already built or is planning on building with 1100 miles of 2-lanes with shoulders in its 8-year plan, so this location authorization is unnecessary) (Cherokee Turnpike/US412)

(24) A four-lane extension of the Muskogee Turnpike from Interstate Highway 40 west of Webbers Falls to the Poteau vicinity. (Studied but nothing done) (US59 Not a feasible turnpike)

(25) A new turnpike or any part or parts thereof beginning at a point in the vicinity of northwest Tulsa, and extending in a northwesterly direction, by means of a connection or connections with the cities of Pawhuska and Newkirk, to a point intersecting in the vicinity of US Highway No. 77 and the Kansas State Line.(ODOT has already built or is planning on building with 1100 miles of 2-lanes with shoulders in its 8-year plan, so this location authorization is unnecessary) (ODOT has some highways that serve this area) Not a feasible Turnpike)

(26) A full access interchange on the Indian Nation Turnpike south of Interstate 40, in the vicinity of Henryetta, Oklahoma, and in the vicinity of the proposed theme park, museum or an industrial facility which qualifies for the Oklahoma Quality Jobs Program Act, from any monies available to the Authority.(Interchange - not necessary to include interchange locations in Statute according to OTA)

(27) A new turnpike beginning at a point directly west of the Arkansas line and four-laning Highway 70 from that point to the farthest western reach of Highway 70 creating a southern route through Oklahoma.(ODOT has already built or is planning on building with 1100 miles of 2-lanes with shoulders in its 8-year plan, so this location authorization is unnecessary) (US70 Not a feasible Turnpike)

(28) A new turnpike and bridge or any parts thereof from a point in the vicinity of the city of Mustang southerly across the South Canadian River to the H.E. Bailey Turnpike in the vicinity of the city of Tuttle; and then easterly across the South Canadian River to a point in the vicinity of the city of Norman. (What Jimmy said: H.E. Bailey Spur + new South Extension) (H.E. Bailey Spur/SH9 and SH4)

How Jimmy’s ORIGINAL written report explained #28:

How Jimmy’s (after the OTA’s spin machine got done with it) REVISED written report explained #28 (a few hours after the meeting ended):

Why did what he say at the Monday September 23rd Special Meeting (minute mark 40:45) and what he wrote in his original report to the board not match? His written description matches the written description given by the OTA back in July 2022.

And then the OTA had to scramble and REVISE his report a few hours later to make sure they remembered to include the southern extension in #28!

They all know that #28 cannot be BOTH the H.E. Bailey spur AND the Southern Extension. That’s why its hard for them to remember to include the southern extension when they read #28. Because its A LIE!

Location Authorization #28 is crystal clear in describing the H.E. Bailey spur. How did six Supreme Court Justices allow themselves to be bamboozled?

I can’t let it go on this particular location authorization. Location Authorization #28, was used (illegally) TWICE to describe two completely different locations - the HE Bailey Spur AND the Southern Extension. Watch this minute-long video and tell me how it is possible that SIX Oklahoma Supreme Court Justices got it wrong.

The Supreme Court majority published their 6-3 legal opinion for the OTA on August 1, 2023, just 3 days after I received the open record request (FOURTEEN MONTHS AFTER MY ORIGINAL REQUEST) that succinctly invalidated the opinion the Supreme Court majority penned. The six Oklahoma Supreme Court judges who endorsed the OTA-drafted legal opinion, laden with circular logic, bad law and the now defunct Chevron doctrine should have been required to repeatedly watch this video.

If the location authorization #28 described the H.E. Bailey Spur, SH9 and SH4, as was noted by the OTA itself in the July 27, 2022 email, then how can it SIMULTANEOUSLY describe the proposed Southern Extension that travels NORTH and SOUTH connecting NEWALLA and PURCELL that the Supreme Court validated bonds for on August 1, 2023?

First of all, by statute, one location authorization = one tollroad or one interchange (except location authorization #10 which is a hot mess, containing the laughable and chronically poor performing turnpike to nowhere, the Chickasaw Turnpike).

Second of all, a kindergartner can have the location authorization read to them and follow along on a map and realize that it doesn’t, in any way possible, describe the southern extension route.

Why then, could SIX Supreme Court Justices not comprehend this point of fact?

Watching that video and internalizing what #28 described would help them truly understand the harmful consequences of their decision; giving the OTA unfettered power to build wherever they want. Their ruling, sucked up under “original jurisdiction for bond validation,” significantly undermined legislative intent and left Oklahoma citizens without recourse to address further statute violations.

The dissenting Supreme Court justices summed it up rather well….

The Oklahoma Supreme Court is BROKEN.

Now back to the location authorization list……..

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(29) A new turnpike or any parts thereof beginning at a point in the vicinity of the city of Altus and extending in a northwesterly direction to a point in the vicinity of the city of Sayre. (US 283 Not a feasible Turnpike)

(30) A new turnpike or any parts thereof beginning at a point in the vicinity of the city of Enid and extending in a westerly direction to a point in the vicinity of the city of Woodward.(ODOT has already built or is planning on building with 1100 miles of 2-lanes with shoulders in its 8-year plan, so this location authorization is unnecessary) (US412)

(31) An on- and off-ramp or any parts thereof at Fletcher, Oklahoma, in the vicinity of the Interstate 44 and State Highway 277 intersection. Any existing on- or off-ramp or any parts thereof in the vicinity of Fletcher, Oklahoma, shall not be removed and shall be maintained pursuant to Section 1701 et seq. of this title.(Interchange - not necessary to include interchange locations in Statute according to OTA)

(32) A new bridge crossing the Arkansas River between South Delaware Avenue and Memorial Drive in Tulsa County. This project shall commence upon a determination by the Oklahoma Transportation Authority that such bridge shall be self-sufficient at some point over a thirty-year time period from the toll charges associated with the bridge project. (Unbuilt bridge - Not a feasible Turnpike bridge)

(33) An exit ramp or any parts thereof from the eastbound lane of the Turner Turnpike at 96th Street in Tulsa.(Interchange - not necessary to include interchange locations in Statute according to OTA)

(34) An on- and off-ramp or any parts thereof on the Cimarron Turnpike in the vicinity of the northside of the Glencoe, Oklahoma, municipal limits.(Interchange - not necessary to include interchange locations in Statute according to OTA)

(35) A new turnpike or any parts thereof beginning at Interstate 44 at or near its intersection with 49th West Avenue, past State Highway 64/412, turning northeasterly, crossing 41st West Avenue, and continuing eastward to the L.L. Tisdale Expressway in Tulsa, Oklahoma. (Gilcrease Expressway, currently under construction).

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These 35 location authorizations within the Turnpike Enabling Act definitely need to be cleaned up. I find it interesting that the OTA is *NOW* willing to take a look at these locations and move forward with suggestions to remove those that are no longer viable.

Who will be the Senate Pro Tempe and who will be the Senate Transportation Committee Chair? We have to wait until late November to find out, but we are pulling for an intellectually honest public servant - not a bought off PAC rat.

And I still want to know how the Oklahoma Supreme Court can opine that the legislative intent was for the same location authorization to define two completely different tollroads running in totally opposite directions.

Does the legislature even control the OTA anymore? Did they EVER?

Well, they have no control with our current Oklahoma State Supreme Court who refuses to uphold legislative intent, so do me a favor and this November, VOTE “DO NOT RETAIN” for Justices Noma Gurich, Yvonne Kauger and James Edmonson. All three voted to give the OTA broad agency power - and they ALL need to go!

I’ll write an entire post (or two) on the Oklahoma Supreme Court in a bit! Stay informed.

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